论《电商法》第38条第2款中电子商务平台经营者的责任

On the Liability of Platform Operators of Electronic Commerce in Article 38(2) of the E-commerce Law

《电商法》第38条第2款规定电子商务平台经营者承担“相应的责任”引发了学界热议。相应责任并非法定责任类型,在解读电子商务平台经营者承担相应的责任时要充分意识到商品与服务的差异性。消费者因商品致损的,电子商务平台经营者应与平台内经营者承担连带责任。消费者因服务本身致损的,电子商务平台经营者也应承担连带责任;若消费者是由于平台内经营者超出服务之外的行为致损,电子商务平台经营者则应承担单向连带责任。

Article 38,paragraph 2 of the electronic commerce law stipulates that the platform operators of electronic commerce shall undertake relevant responsibility has sparked debate in the academic world.The corresponding liability is not a statutory liability type.In the interpretation of e-commerce platform operators to assume the corresponding responsibilities,we should fully realize the differences between goods and services.If a consumer is damaged by a commodity,the platform operator of electronic commerce shall be jointly and severally liable with the platform operator.Where the consumer is injured by the service itself,e-commerce platform operators should also bear joint and several liabilities.If the consumer is due to the platform outside the operator's behavior,the operator of the platform of e-commerce shall bear one-way joint and several liabilities.